In Re: M.C. Chandy

Mohan Shantanagoudar, J.—This petition is filed under Sections 242, 278 and 300 of the Indian Succession Act, 1925 for grant of Letters of Administration to the property and credits of the deceased Mrs. Sheila Candy to have effect throughout the Union of India. The petition discloses that the petitioner is the husband of the deceased, who was a Christian and died on 3rd October 2005. The Death Certificate of the deceased is produced at letter ''A'' along with the petition. The fixed place of residence of the deceased at the time of her death was No. 55/2, Lavelle Road, Bangalore-560 001, within the jurisdiction of this Court She is stated to have left the properties at Bangalore and elsewhere and the value of the properties is more than Rs. 10,000/-. The deceased namely Mrs. Sheila Chandy left the following legal representatives:

(i) M.C. Chandy - petitioner herein.

(ii) M.C. Cherian, son of the DECEASED, aged about 30 years and presently residing at No. 55/2, Lavelle Road, Bangalore - 560 001.

(iii) M.C. Thomas, son of the DECEASED, aged about 28 years and presently residing at No. 55/2, Lavelle Road, Bangalore - 560 001.

(iv) Ms. Susanna Chandy, daughter of the DECEASED, aged about 17 years and presently residing at No. 55/2, Lavelle Road, Bangalore - 560 001.

No other legal representatives are left behind by her.

Deceased Sheila Chandy died intestate. The petitioner being the husband of the deceased claims administration of her property and credits as her successor. The legal representatives 2 and 3 above named have no objection to the grant as prayed for. The affidavits of the two legal representatives giving ''No Objection" for grant of Letters of Administration to the petitioner are produced at letters ''B'' and ''C'' respectively along with the petition. The 4th legal representative Ms. Susanna Chandy is minor. This Court appointed Mr. M.C. Cherian (second legal representative above mentioned) as the guardian of minor Ms. Susanna Chandy by order dated 22nd January, 2009.

The petitioner has taken out notice of this petition in the newspaper ''The Hindu'' dated 12thDecember 2008. In pursuance to the said notice, till today, no one has appeared before this Court opposing the same and no objections are filed. Under these circumstances, there is no legal impediment for granting the Letter of Administration as prayed for.

According to the petitioner, the amount of assets which are likely to come to his hands may not exceed in aggregate a sum of Rs. 1, 13, 14, 764. 18ps. It is mentioned that no other person has made similar petition before any other Court for grant of Letter of Administration to the estate of the deceased and no other grant of representation of whatsoever nature made has been obtained to her estate. The applicant has undertaken to duly administer the property and credits of the deceased and to make a full and true Inventory thereof and to exhibit the same in this Court within six months from the date of grant of Letters of Administration to him. He has also undertaken that he would be rendering true account of the property and credits within one year from the said date.

As aforementioned, the affidavits filed at letters ''B'' and ''C'' would disclose that the other legal representatives of the deceased have no objection for grant of Letter of Administration in favour of the petitioner for administration of the estate of the deceased.

The material on record shows that the deceased has left behind both movable and immovable properties situated within as well as out of the jurisdiction of this Court She has not left behind any Will. Except the aforementioned four persons, no other legal representatives are left behind by the deceased. The major legal representatives and the guardian of the minor legal representative have no objection for grant of Letters of Administration. In view of the same, the petitioner is entitled to the Letters of Administration to administer the properties left behind by the deceased. Accordingly, following order is made:

(a) Petition stands disposed of

(b) The Letters of Administration to administer the properties and credits of the deceased is granted to the petitioner subject to the condition that the petitioner shall within six months from the date of issue of the grant, exhibit in Court full and true Inventory of the deceased and file in Court within one year the true accounts of the said estates.

(c) The Letters of Administration shall be issued to the petitioner subject to, he executing a personal bond and supplying requisite Court fee.